Any lawyers/similar want to help me figure this out?

[LMSInc.]

So I've gone from strictly online shit to a mix of online and offline shit. Due to this, I have been doing a lot more personal contact with people, which is fine, but kind of weirds me out.

Clients and people you don't care about outside of work sending me Facebook request after Facebook request, calling my cell phone when they feel like it, interacting with my real-life friends, etc just gets to me.

Also, as I've discussed a few times in the past, I landed myself a Felony 6 years ago for some stupid shit I did, and it's as easy as going to my state courthouse website and typing in my name to see every bad thing I've done (just one, plus half a dozen fucking tickets).

I don't like this, and there is nothing I could do about it.

So I started down a path of setting myself up under what I like to call my 'heiarchy'.

From the bottom up, bottom being the furthest from my real personal self that a customer can interact, and pretending my business name is LMS:

LMS Media | LMS Mobile | LMS Marketing

^

LMS Group

^

Assumed name (aka pseudonym): Real first name, false last name
(branded domain/email, separate and public facebook, LinkedIn, etc)

^

Real name


So, this has been moving forward quite nicely, and I haven't really run into any issues thus far.

But my research on the total legality of this (both Federal and AZ state) hasn't turned up much.

I equate it to using a pen name, and I think because of that, and as long as I'm not using it for illegal purposes, I think I am fine, but I'd like to make sure.

Also, does anyone else do anything similar?

Also x2, does anyone have any ideas as to not be totally fucked when the time eventually comes that someone wants to write me a personal check to what they believe is my name? I can't really find a solution to this, but have considered seeing if I can set up an LLC and then DBA my new half-truth name, and thus when someone writes a personal check to that name, I can cash it under the LLC....

Ok, got a little longer than I wanted, but I wanted to cover all of this for you guys.

If anyone has any input on this, ideas, recommendations, experience, or legal knowledge on this, please speak up!

And now, sluts as appreciation

 

[dmnEPC]

The easiest thing to do would be to just have all payments go to your business and never you personally. If its a big concern then just go to the courthouse and get your name changed legally (and choose a common name) The felony will stay with you but it becomes more difficult from prying eyes to find the truth. You still need to disclose your prior name on things like credit and job applications and such but sometimes people forget to mention these things (very much illegal)

 

[DocApocalypto]

i would say it depends on the felony. if you committed a violent or pervy act, I see your point. Otherwise I think there is more weight in honesty (esp in business) than you are giving it.

Also it sounds like Google Circles is for you

 

[LMSInc.]

The easiest thing to do would be to just have all payments go to your business and never you personally. If its a big concern then just go to the courthouse and get your name changed legally (and choose a common name) The felony will stay with you but it becomes more difficult from prying eyes to find the truth. You still need to disclose your prior name on things like credit and job applications and such but sometimes people forget to mention these things (very much illegal)

I can understand the legal issue with credit applications, but why would this be illegal for a job application? Not that I plan on filling one out anytime soon, just curious.

The only thing I could think of would be tax purposes. But from what I've found so far in case law (State v. Ford, 172 P. 802) an assumed name, which is what this would be, is called a Common Law name, and is considered a legal name. So this is where I start to get confused.

i would say it depends on the felony. if you committed a violent or pervy act, I see your point. Otherwise I think there is more weight in honesty (esp in business) than you are giving it.

Also it sounds like Google Circles is for you

It was for Theft and Trafficking stolen property. Not nearly as bad as it sounds, that's what happens when you buy some stolen shit and don't lawyer up properly after you got caught selling it.

It's not a big deal to me, and everyone I know is aware of it, and I'm really open about it, but certain clients may not like it, and may bias their decisions around this.

Also, fuck. Google Circles is such a cockblock.

 

[dmnEPC]

I can understand the legal issue with credit applications, but why would this be illegal for a job application? Not that I plan on filling one out anytime soon, just curious.

The only thing I could think of would be tax purposes. But from what I've found so far in case law (State v. Ford, 172 P. 802) an assumed name, which is what this would be, is called a Common Law name, and is considered a legal name. So this is where I start to get confused.

The problem comes in when you use your new assumed name (and possibly SS#) and then either don't disclose prior names (if asked on app which usually is) or if you don't disclose the fact that you committed a felony (which is always asked). This lack of disclosure is called fraud so forget the case law its just plain old fraud.

 

[LMSInc.]

Ok, that makes sense then.

Now, if I could just figure out the legality of using an assumed name for all my personal and business dealings that aren't credit-related.

Website, business cards, social media, etc

I know it gets sketchy if you try to assume credit with a fake name (even something like trying to sign up to a utility under a new name, if that name happens to be real, could be considered identity theft). But that's not what I'm doing...

I will have the LLC for all actual legally binding business dealings, including financial/credit based dealings (utilities, etc).

That should separate my real legal name enough. I don't need anonymity, I would just like to be a little less visible.

 

[_Richard_]

you are able to use an assumed name.. doubtful you'd be using anything other than your personal name for cheques etc till you register a business as a limited company

 

[apexSEORM]

Your LLC does not stop you from using your name. You still have to sign shit with your legal name as the managing member of the LLC. Also, it is a public search to see who the resident agent is on an LLC so if you formed in your own state you probably are your own resident agent which takes 30 seconds to find out.

true except an LLC can own an LLC so... there is that.

 

[secretagentdad]

[ame="http://www.youtube.com/watch?v=DtmWMPDIl0g"]Lawyer up bro.[/ame]

[ame="http://www.youtube.com/watch?v=DtmWMPDIl0g"]Kelly Law Firm - Internet Lawyer | Internet Attorney | Internet Law - YouTube[/ame]

 

[Sharksfan]

I am not a lawyer. However...

It sounds like your main concern is that you do not want to directly interact with customers using your own name. That's understandable. But is it worth a legal threat? I know you're not trying to hide anything but there's no way around it - eventually you yourself will have to sign something. Probably sooner rather than later.

Not sure if you are prepared to do this but it's MUCH easier to hire someone to be the "face" of the company.

 

[aaronklaw]

Yo dawg, I heard you like LLC's so I put an LLC in your LLC so you can LLC while you LLC.

 

[LMSInc.]

Your LLC does not stop you from using your name. You still have to sign shit with your legal name as the managing member of the LLC. Also, it is a public search to see who the resident agent is on an LLC so if you formed in your own state you probably are your own resident agent which takes 30 seconds to find out.

True. I do have ways to get around this though. Sometimes it's great to have a gangster ass grandma that will put shit like LLC's in her name if I need to.

She's also a trooper when it comes to showing me how she fills out offers.

Lawyer up bro.

Kelly Law Firm - Internet Lawyer | Internet Attorney | Internet Law - YouTube

Ok ok, I get the message. haha

I am not a lawyer. However...

It sounds like your main concern is that you do not want to directly interact with customers using your own name. That's understandable. But is it worth a legal threat? I know you're not trying to hide anything but there's no way around it - eventually you yourself will have to sign something. Probably sooner rather than later.

Not sure if you are prepared to do this but it's MUCH easier to hire someone to be the "face" of the company.

Good point.

Yo dawg, I heard you like LLC's so I put an LLC in your LLC so you can LLC while you LLC.

I love that out of all the responses, the only 100% sarcastic meme themed one is from the actual fucking lawyer. Only on WickedFire haha

Thanks for all the feedback guys. You gave me some points to think about.

As far as finding out the legality of using an assumed name on my social media accounts and shit like that, looks like I'm going to have to ask a lawyer.

 

[aaronklaw]

I love that out of all the responses, the only 100% sarcastic meme themed one is from the actual fucking lawyer. Only on WickedFire haha

Thanks for all the feedback guys. You gave me some points to think about.

As far as finding out the legality of using an assumed name on my social media accounts and shit like that, looks like I'm going to have to ask a lawyer.[/QUOTE]


well you know where to find me. you're in az?

 

[SirKonstantine]

If your name is "Joe Smith" and someone writes you a check to "Joe Douglas" you can still deposit it as "Joe Smith" just fine.

What you do is sign for "Joe Douglas" and "Joe Smith."

I know this because I go by a different name then the one that's on my bank and deposit them all to my bank.

To verify, you can just give your bank a heads up on this.

As for the other legal issues, you have to make sure your not "piercing the corporate veil" Google that for the full legal definition. Thats the only thing I see going wrong. Piercing the corporate veil will result in you losing your limited liablity protection.

//I'm not a lawyer so don't take my word as legal advice. DO whatever you want.

 

[eliquid]

Jesus, I have never once had a client look up anything on me ( that I know of ) and I have had tons of clients in the past.

If a client can do this to me, seems like I should start running credit checks on my clients to make sure they can pay...